Former DC Prison Guards Win 4-Year Concealed Carry Case Against District

Case hinged on 2004 Law Enforcement Officer Safety Acts

Image Credits: Ibro Palic | Flickr.

A small group of retired federal corrections officers won their case against the District of Columbia in which the guards were seeking broad concealed carry rights through a permit via a 2004 federal law.

In 2004, Congress passed Law Enforcement Officers Safety Act (LEOSA) later signed by then-President Bush, and although there are some caveats, the bill generally allows current and retired law enforcement officers who meet certain criteria to carry a concealed firearm nationwide without needing the exact permit issued by each state.

Robert Smith and the two other plaintiffs who joined him needed forms from their former employer—in this case the District of Columbia—to certify they were retired law enforcement officers. However, in the forms returned to Ronald Duberry, one of Smith’s co-plaintiffs, the district checked the box marked “no” on the question of whether the individuals had powers of arrest during their tenure.

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